How Often Do Fathers Get 50/50 Custody in Australia? Separating Fact from Myth
20/06/2025
How often do fathers get 50/50 custody in Australia? It is a question many separated dads ask when they are trying to stay close to their children. The answer, however, is not as straightforward as many believe. While the law allows for equal time, achieving it requires far more than just making the request.
Despite growing public conversations about fatherhood and shared care, equal parenting time remains the exception, not the norm. National data from the Australian Institute of Family Studies confirms this reality. Most children continue to live primarily with one parent, typically their mother, while true 50/50 care is relatively rare.
| Parenting Time Arrangement | Percentage of Families |
| Equal time (48–52% of nights with each parent) | 9% |
| Substantially shared care (35–65% of nights) | 21% |
| Mostly with mother (more than 65% of nights) | 46% |
| Exclusively with mother | 27% |
| Mostly with father | 3% |
| Exclusively with father | 2% |
Legal reforms, case history, and child-focused principles all shape how courts view parenting time. Misunderstanding how these decisions are made can lead to unrealistic expectations or missed opportunities to strengthen your case.
In this article, we unpack some of the most common misconceptions about 50/50 custody, and show what it really takes to stay meaningfully involved in your child’s life after separation.
Misconception 1 – Fathers Have a Right to 50/50 Custody
Many fathers believe they are entitled to equal parenting time by default. This assumption often comes from the idea of fairness between parents or outdated understandings of the law. In reality, Australian family law does not grant either parent an automatic right to 50/50 custody.
Since the May 2024 reforms, courts are no longer required to consider equal time, even when both parents share parental responsibility. The law now centres entirely on the child’s best interests. Judges examine each case individually, looking at what arrangement will best support the child’s safety, stability, and development, not what seems fair to either parent.
Equal time is possible, but it is not presumed. Courts look for strong evidence that a 50/50 arrangement is both practical and beneficial. This includes reviewing the history of each parent’s involvement, the ability to provide routine and care, and whether the arrangement can be maintained without disruption.
Understanding that equal time must be earned, not expected, helps fathers shift their focus toward what the court values most: consistent care, child-focused planning, and evidence of genuine involvement.
Misconception 2 – Equal Custody Means Equal Rights
It is common to hear parents use the term “custody” as a stand-in for legal equality. Some assume that if both parents have shared parental responsibility, then equal time must follow. But in Australia, shared responsibility and shared time are two distinct matters.
Shared parental responsibility refers to the right to make major decisions about the child’s upbringing, such as education and health, not how much time is spent with each parent. Even when this responsibility is shared, the court is not obliged to award equal time.
Before 2024, the law included a presumption in favour of shared parental responsibility, which often triggered consideration of equal time. That has now been removed. Each case is assessed independently, with no requirement to assume or explore a 50/50 arrangement unless it is clearly in the child’s best interests.
What this means for fathers is that legal equality in decision-making does not guarantee physical equality in time. The court remains focused on the child’s needs, not the parents’ sense of fairness.
Misconception 3 – Equal Time Is the Starting Point
Many fathers begin the legal process with the belief that 50/50 custody is the default. This idea once had some grounding. In 2006, reforms introduced a presumption of equal shared parental responsibility, which often led courts to consider equal time. However, since May 2024, this legal presumption has been removed.
Today, courts no longer start from any assumption about how time should be split. Each case begins with a clean slate. Judges are directed to assess parenting arrangements solely on the basis of the child’s best interests, using a unified list of factors that prioritise safety and wellbeing.
The table below shows how the legal framework has changed:
| Before May 2024 | After May 2024 |
| Presumption of shared parental responsibility | No presumption of shared responsibility |
| Courts often required to consider equal time | Courts not required to explore equal time |
| Focus split between parental fairness and child wellbeing | Sole focus on what arrangement best serves the child |
| Equal time often considered a starting point | Equal time considered only if clearly appropriate |
The removal of the equal time requirement reflects a move away from rigid formulas and toward more flexible, child-specific decision-making. Equal time is still possible, but it is no longer a presumed baseline.
Understanding this shift helps set realistic expectations. Fathers aiming for 50/50 care must be ready to build a strong, evidence-based case tailored to their child’s unique needs and family circumstances.
Misconception 4 – The Court Focuses on Parental Rights
A common misunderstanding is that parenting time disputes revolve around the rights of each parent. In truth, Australian family law is structured around the child’s rights, not the parents’. The Family Court does not weigh what each parent wants, but instead evaluates what arrangement is most likely to promote the child’s safety, emotional wellbeing, and development.
This means that even if a father is deeply committed to equal time, the court will examine whether that arrangement serves the child’s interests in a practical, meaningful way. The decision is not a measure of a parent’s worth, but an assessment of what supports continuity, care, and stability for the child across both homes.
The court uses a detailed process grounded in the Family Law Act. It considers a range of factors including each parent’s role before separation, current involvement, the child’s developmental needs, and any risks or logistical barriers. The child’s views may also be taken into account, particularly if they are mature enough to express a preference.
Fathers who shift their focus from fairness to child-focused planning are in a stronger position. Demonstrating how the proposed arrangement meets the child’s needs, not the parent’s, helps align the case with how judges approach these matters.
Misconception 5 – Fathers Cannot Overcome a History of Limited Involvement
Many fathers believe limited past involvement prevents them from securing equal time, but the court looks beyond history. Separation often marks a new chapter, and judges recognise when a parent steps up with consistent care and planning.
What matters is the child’s current and future needs. Active involvement, such as school drop-offs, medical visits, or daily routines, can strengthen a father’s case if it supports the child’s stability.
A clear, workable parenting plan is essential. It should outline daily logistics, transitions, holidays, and emotional considerations. Gradual increases may suit younger children, while older ones may benefit from structured weekly sharing.
Steps to Strengthen Your Case for Shared Care
If your past involvement was limited, the following steps can help demonstrate genuine commitment and readiness to co-parent effectively:
- Document all current involvement
Keep a clear, ongoing record of activities such as school pick-ups, appointments, homework support, and daily routines. - Create a realistic parenting plan
Propose a plan that reflects the child’s needs, school schedule, and age, with structured time-sharing that is feasible and balanced. - Address logistical barriers
Ensure your home is equipped for overnight stays, reduce long travel times, and clarify how you will manage parenting duties with your work schedule. - Seek co-parenting or parenting support
Engage in parenting programs, mediation, or counselling to strengthen communication skills and demonstrate readiness for shared care. - Prepare to present changes clearly in court
Show evidence of sustained involvement, outline your intentions through a legal parenting plan, and work with a family lawyer to frame your proposal.
Ultimately, fathers are not expected to have a perfect record of past involvement. They are expected to show reliability, forward planning, and a willingness to adapt to the child’s best interests. When supported by evidence, even a previously limited role can evolve into a strong case for shared care.
Misconception 6 – Fathers Must Have Been Perfect Parents to Qualify for Equal Time
Some fathers hesitate to pursue 50/50 care because they believe past mistakes or limited early involvement disqualify them. In truth, the court does not expect perfection, it evaluates current circumstances and a parent’s capacity to meet the child’s needs moving forward.
A father who was not the primary carer during the relationship can still present a strong case if he demonstrates consistent, meaningful involvement after separation. Documented efforts to be present, attending school events, medical appointments, or extracurricular activities, can carry significant weight. The court understands that caregiving roles may shift post-separation, especially when one parent is actively seeking to increase their contribution.
The law also recognises that parenting skills can be built over time. Fathers who invest in parenting courses, mediation, or co-parenting plans show maturity and a focus on the child’s best interests. These proactive steps can help address any past gaps and build trust with both the other parent and the court.
Equal time is not limited to those with a perfect history, it is available to those who can provide a stable, supportive environment and demonstrate genuine commitment to their child’s development.
Misconception 7 – Wanting 50/50 Custody Means You Will Get It
A strong desire to stay in a child’s life does not automatically translate into equal parenting time. Many fathers understandably seek 50/50 custody to maintain close relationships and daily involvement. However, the court’s focus is not on what either parent wants, it is on what serves the child’s best interests.
Courts assess each case on its merits, looking at practical factors like proximity between homes, the child’s age, existing routines, and each parent’s ability to meet day-to-day needs. A parenting proposal built on fairness alone, without detailed planning or supporting evidence, is unlikely to succeed. The emphasis must always remain on the child’s development, stability, and emotional wellbeing.
What persuades the court is a clear, well-prepared case: one that shows a consistent parenting role, a safe and child-friendly environment, and a demonstrated willingness to cooperate. Fathers who understand this can focus their efforts on what truly matters to the court, rather than relying on entitlement or emotion.
Need help building a strong case for shared care? Contact us today. Our family lawyers can turn your goals into a clear, practical plan that puts your child’s needs first and meets legal standards.